[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ House Amendment 002 ] |
| [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
91_HB0878eng HB0878 Engrossed LRB9104956NTsb 1 AN ACT concerning school safety, amending named Acts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by adding Sections 5 2-3.126, 2-3.127, 10-20.31, 10-21.7-5, 22-26, 34-18.18, and 6 34-84a.2 and by changing Section 3-11 as follows: 7 (105 ILCS 5/2-3.126 new) 8 Sec. 2-3.126. School safety assessment audit. The State 9 Board of Education shall develop a school safety assessment 10 audit, which shall be distributed to all public schools. 11 (105 ILCS 5/2-3.127 new) 12 Sec. 2-3.127. School Resource Officer Grant Program. 13 The School Resource Officer Grant Program is hereby created, 14 which the State Board of Education shall administer. The 15 State Board of Education shall award grants, subject to 16 appropriation, to agencies who train school resource officers 17 for the purpose of training school resource officers and to 18 schools for training and the centralizing of information. 19 The State Board of Education shall establish a grant 20 application process and may adopt any rules necessary to 21 carry out its responsibilities under this Section. 22 (105 ILCS 5/3-11) (from Ch. 122, par. 3-11) 23 Sec. 3-11. Institutes or inservice training workshops. 24 In counties of less than 2,000,000 inhabitants, the regional 25 superintendent may arrange for or conduct district, regional, 26 or county institutes, or equivalent professional educational 27 experiences, not more than 4 days annually. Of those 4 days, 28 2 days may be used as a teacher's workshop, when approved by 29 the regional superintendent, up to 2 days may be used for HB0878 Engrossed -2- LRB9104956NTsb 1 conducting parent-teacher conferences or up to 2 days may be 2 utilized as parental institute days as provided in Section 3 10-22.18d. A school district may use one of its 4 institute 4 days on the last day of the school term. "Institute" or 5 "Professional educational experiences" means any educational 6 gathering, demonstration of methods of instruction, 7 visitation of schools or other institutions or facilities, or 8 sexual abuse and sexual assault awareness seminar held or 9 approved by the regional superintendent and declared by him 10 to be an institute day, or parent-teacher conferences. With 11 the concurrence of the State Superintendent of Education, he 12 may employ such assistance as is necessary to conduct the 13 institute. Two or more adjoining counties may jointly hold 14 an institute. Institute instruction shall be free to holders 15 of certificates good in the county or counties holding the 16 institute, and to those who have paid an examination fee and 17 failed to receive a certificate. 18 In counties of 2,000,000 or more inhabitants, the 19 regional superintendent may arrange for or conduct district, 20 regional, or county inservice training workshops, or 21 equivalent professional educational experiences, not more 22 than 4 days annually. Of those 4 days, 2 days may be used for 23 conducting parent-teacher conferences and up to 2 days may be 24 utilized as parental institute days as provided in Section 25 10-22.18d. A school district may use one of those 4 days on 26 the last day of the school term. "Inservice Training 27 Workshops" or "Professional educational experiences" means 28 any educational gathering, demonstration of methods of 29 instruction, visitation of schools or other institutions or 30 facilities, or sexual abuse and sexual assault awareness 31 seminar held or approved by the regional superintendent and 32 declared by him to be an inservice training workshop, or 33 parent-teacher conferences. With the concurrence of the 34 State Superintendent of Education, he may employ such HB0878 Engrossed -3- LRB9104956NTsb 1 assistance as is necessary to conduct the inservice training 2 workshop. With the approval of the regional superintendent, 3 2 or more adjoining districts may jointly hold an inservice 4 training workshop. In addition, with the approval of the 5 regional superintendent, one district may conduct its own 6 inservice training workshop with subject matter consultants 7 requested from the county, State or any State institution of 8 higher learning. 9 Such teachers institutes as referred to in this Section 10 may be held on consecutive or separate days at the option of 11 the regional superintendent having jurisdiction thereof. 12 Whenever reference is made in this Act to "teachers 13 institute", it shall be construed to include the inservice 14 training workshops or equivalent professional educational 15 experiences provided for in this Section. 16 Any institute advisory committee existing on April 1, 17 1995, is dissolved and the duties and responsibilities of the 18 institute advisory committee are assumed by the regional 19 office of education advisory board. 20 Districts providing inservice training programs shall 21 constitute inservice committees, 1/2 of which shall be 22 teachers, 1/4 school service personnel and 1/4 administrators 23 to establish program content and schedules. 24 The teachers institutes shall include teacher training 25 committed to peer counseling programs and other anti-violence 26 and conflict resolution programs, including without 27 limitation programs for preventing at risk students from 28 committing violent acts. 29 (Source: P.A. 88-89; 89-335, eff. 1-1-96.) 30 (105 ILCS 5/10-20.31 new) 31 Sec. 10-20.31. School safety assessment audit; safety 32 plan. The school board shall require schools to complete a 33 school safety assessment audit, as developed by the State HB0878 Engrossed -4- LRB9104956NTsb 1 Board of Education pursuant to Section 2-3.126, and to 2 develop a written safety plan. The plan shall be subject to 3 approval by the school board. Once approved, the school 4 shall file the plan with the State Board of Education and the 5 regional superintendent of schools. The State Board of 6 Education may provide, subject to appropriation, grants for 7 the purposes of this Section. 8 (105 ILCS 5/10-21.7-5 new) 9 Sec. 10-21.7-5. Principal to report certain felonies and 10 misdemeanors. The principal shall report the occurrence of a 11 felony or misdemeanor offense occurring on school grounds, in 12 the school, on a school bus, or at an activity supervised by 13 school employees to the local law enforcement agency within 14 24 hours after the principal becomes aware of the occurrence. 15 The principal shall also report the occurrence to the State 16 Board of Education, who shall make the information available 17 to the public. 18 (105 ILCS 5/22-26 new) 19 Sec. 22-26. Task Force on School Safety. 20 (a) The Task Force on School Safety is hereby created. 21 The Task Force shall consist of the following members: 22 (1) One member of the Senate appointed by the 23 President of the Senate. 24 (2) One member of the House of Representatives 25 appointed by the Speaker of the House. 26 (3) Two regional superintendents of schools 27 appointed by the State Superintendent of Education. 28 (4) One teacher who is a member of the Illinois 29 Federation of Teachers, appointed by the State 30 Superintendent of Education. 31 (5) One teacher who is a member of the Illinois 32 Education Association, appointed by the State HB0878 Engrossed -5- LRB9104956NTsb 1 Superintendent of Education. 2 (6) One member of the Illinois Sheriffs' 3 Association appointed by the Governor. 4 (7) One member of the State's Attorneys Association 5 appointed by the Governor. 6 (8) One member of the Illinois Public Defenders 7 Association appointed by the Governor. 8 (9) One member of the Illinois Violence Prevention 9 Authority. 10 (10) One member appointed by the Governor. 11 (11) One member of the Illinois Principals 12 Association appointed by the Illinois Principals 13 Association. 14 The Task Force shall meet initially at the call of the 15 Speaker of the House and the President of the Senate, shall 16 select one member as chairperson at its initial meeting, and 17 shall thereafter meet at the call of the chairperson. 18 (b) The Task Force shall identify all school safety 19 programs offered by schools and State agencies and make 20 recommendations of successful programs, including without 21 limitation peer mediation, and shall study alternative 22 education programs and their current status, waiting lists, 23 and capital needs. The Task Force shall also make 24 recommendations on the streamlining, centralization, and 25 coordination of school safety resources and programs offered 26 by various entities, agencies, and governmental units. The 27 Task Force shall submit a report on its findings and 28 recommendations to the General Assembly and the Governor by 29 January 1, 2000. 30 (c) This Section is repealed on January 2, 2000. 31 (105 ILCS 5/34-18.18 new) 32 Sec. 34-18.18. School safety assessment audit; safety 33 plan. The board of education shall require schools to HB0878 Engrossed -6- LRB9104956NTsb 1 complete a school safety assessment audit, as developed by 2 the State Board of Education pursuant to Section 2-3.126, and 3 to develop a written safety plan. The plan shall be subject 4 to approval by the board of education. Once approved, the 5 school shall file the plan with the State Board of Education 6 and the regional superintendent of schools. The State Board 7 of Education may provide, subject to appropriation, grants 8 for the purposes of this Section. 9 (105 ILCS 5/34-84a.2 new) 10 Sec. 34-84a.2. Principal to report certain felonies and 11 misdemeanors. The principal of each attendance center shall 12 report the occurrence of a felony or misdemeanor offense 13 occurring on school grounds, in the school, on a school bus, 14 or at an activity supervised by school employees to the local 15 law enforcement agency within 24 hours after the principal 16 becomes aware of the occurrence. The principal shall also 17 report the occurrence to the State Board of Education, who 18 shall make the information available to the public. 19 Section 10. The Juvenile Court Act of 1987 is amended by 20 changing Section 1-7 as follows: 21 (705 ILCS 405/1-7) (from Ch. 37, par. 801-7) 22 Sec. 1-7. Confidentiality of law enforcement records. 23 (A) Inspection and copying of law enforcement records 24 maintained by law enforcement agencies that relate to a minor 25 who has been arrested or taken into custody before his or her 26 17th birthday shall be restricted to the following: 27 (1) Any local, State or federal law enforcement 28 officers of any jurisdiction or agency when necessary for 29 the discharge of their official duties during the 30 investigation or prosecution of a crime or relating to a 31 minor who has been adjudicated delinquent and there has HB0878 Engrossed -7- LRB9104956NTsb 1 been a previous finding that the act which constitutes 2 the previous offense was committed in furtherance of 3 criminal activities by a criminal street gang. For 4 purposes of this Section, "criminal street gang" has the 5 meaning ascribed to it in Section 10 of the Illinois 6 Streetgang Terrorism Omnibus Prevention Act. 7 (2) Prosecutors, probation officers, social 8 workers, or other individuals assigned by the court to 9 conduct a pre-adjudication or pre-disposition 10 investigation, and individuals responsible for 11 supervising or providing temporary or permanent care and 12 custody for minors pursuant to the order of the juvenile 13 court, when essential to performing their 14 responsibilities. 15 (3) Prosecutors and probation officers: 16 (a) in the course of a trial when institution 17 of criminal proceedings has been permittedunder18Section 5-4or required under Section 5-8055-4; or 19 (b) when institution of criminal proceedings 20 has been permittedunder Section 5-4or required 21 under Section 5-8055-4and such minor is the 22 subject of a proceeding to determine the amount of 23 bail; or 24 (c) when criminal proceedings have been 25 permittedunder Section 5-4or required under 26 Section 5-8055-4and such minor is the subject of a 27 pre-trial investigation, pre-sentence investigation, 28 fitness hearing, or proceedings on an application 29 for probation. 30 (4) Adult and Juvenile Prisoner Review Board. 31 (5) Authorized military personnel. 32 (6) Persons engaged in bona fide research, with the 33 permission of the Presiding Judge of the Juvenile Court 34 and the chief executive of the respective law enforcement HB0878 Engrossed -8- LRB9104956NTsb 1 agency; provided that publication of such research 2 results in no disclosure of a minor's identity and 3 protects the confidentiality of the minor's record. 4 (7) Department of Children and Family Services 5 child protection investigators acting in their official 6 capacity. 7 (8) The appropriate school official. Inspection 8 and copying shall be limited to law enforcement records 9 transmitted to the appropriate school official by a local 10 law enforcement agency (a) who shall report all weapons 11 related offenses, as defined in the federal Guns Free 12 Schools Act, and violent crimes committed by minors 13 enrolled in the school to the school official and (b) 14 under a reciprocal reporting system established and 15 maintained between the school district and the local law 16 enforcement agency under Section 10-20.14 of the School 17 Code concerning a minor enrolled in a school within the 18 school district who has been arrested or taken into 19 custody for any of the following offenses: 20 (i) unlawful use of weapons under Section 24-1 21 of the Criminal Code of 1961; 22 (ii) a violation of the Illinois Controlled 23 Substances Act; 24 (iii) a violation of the Cannabis Control Act; 25 or 26 (iv) a forcible felony as defined in Section 27 2-8 of the Criminal Code of 1961. 28 (B) (1) Except as provided in paragraph (2), no law 29 enforcement officer or other person or agency may 30 knowingly transmit to the Department of Corrections, 31 Adult Division or the Department of State Police or to 32 the Federal Bureau of Investigation any fingerprint or 33 photograph relating to a minor who has been arrested or 34 taken into custody before his or her 17th birthday, HB0878 Engrossed -9- LRB9104956NTsb 1 unless the court in proceedings under this Act authorizes 2 the transmission or enters an order under Section 5-805 35-4permitting or requiring the institution of criminal 4 proceedings. 5 (2) Law enforcement officers or other persons or 6 agencies shall transmit to the Department of State 7 Police copies of fingerprints and descriptions of all 8 minors who have been arrested or taken into custody 9 before their 17th birthday for the offense of unlawful 10 use of weapons under Article 24 of the Criminal Code of 11 1961, a Class X or Class 1 felony, a forcible felony as 12 defined in Section 2-8 of the Criminal Code of 1961, or a 13 Class 2 or greater felony under the Cannabis Control Act, 14 the Illinois Controlled Substances Act, or Chapter 4 of 15 the Illinois Vehicle Code, pursuant to Section 5 of the 16 Criminal Identification Act. Information reported to the 17 Department pursuant to this Section may be maintained 18 with records that the Department files pursuant to 19 Section 2.1 of the Criminal Identification Act. Nothing 20 in this Act prohibits a law enforcement agency from 21 fingerprinting a minor taken into custody or arrested 22 before his or her 17th birthday for an offense other than 23 those listed in this paragraph (2). 24 (C) The records of law enforcement officers concerning 25 all minors under 17 years of age must be maintained separate 26 from the records of arrests and may not be open to public 27 inspection or their contents disclosed to the public except 28 by order of the court or when the institution of criminal 29 proceedings has been permittedunder Section 5-4or required 30 under Section 5-8055-4or such a person has been convicted 31 of a crime and is the subject of pre-sentence investigation 32 or proceedings on an application for probation or when 33 provided by law. 34 (D) Nothing contained in subsection (C) of this Section HB0878 Engrossed -10- LRB9104956NTsb 1 shall prohibit the inspection or disclosure to victims and 2 witnesses of photographs contained in the records of law 3 enforcement agencies when the inspection and disclosure is 4 conducted in the presence of a law enforcement officer for 5 the purpose of the identification or apprehension of any 6 person subject to the provisions of this Act or for the 7 investigation or prosecution of any crime. 8 (E) Law enforcement officers may not disclose the 9 identity of any minor in releasing information to the general 10 public as to the arrest, investigation or disposition of any 11 case involving a minor. 12 (F) Nothing contained in this Section shall prohibit law 13 enforcement agencies from communicating with each other by 14 letter, memorandum, teletype or intelligence alert bulletin 15 or other means the identity or other relevant information 16 pertaining to a person under 17 years of age if there are 17 reasonable grounds to believe that the person poses a real 18 and present danger to the safety of the public or law 19 enforcement officers. The information provided under this 20 subsection (F) shall remain confidential and shall not be 21 publicly disclosed, except as otherwise allowed by law. 22 (G) Nothing in this Section shall prohibit the right of 23 a Civil Service Commission or appointing authority of any 24 state, county or municipality examining the character and 25 fitness of an applicant for employment with a law enforcement 26 agency or correctional institution from obtaining and 27 examining the records of any law enforcement agency relating 28 to any record of the applicant having been arrested or taken 29 into custody before the applicant's 17th birthday. 30 (Source: P.A. 89-221, eff. 8-4-95; 89-362, eff. 8-18-95; 31 89-626, eff. 8-9-96; 90-127, eff. 1-1-98; revised 8-26-98.) 32 Section 15. The Criminal Code of 1961 is amended by 33 changing Sections 12-2, 12-4.2, and 24-1.2 and adding Section HB0878 Engrossed -11- LRB9104956NTsb 1 31-9 as follows: 2 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2) 3 Sec. 12-2. Aggravated assault. 4 (a) A person commits an aggravated assault, when, in 5 committing an assault, he: 6 (1) Uses a deadly weapon or any device manufactured 7 and designed to be substantially similar in appearance to 8 a firearm, other than by discharging a firearm in the 9 direction of another person, a peace officer, a person 10 summoned or directed by a peace officer, a correctional 11 officer or a fireman or in the direction of a vehicle 12 occupied by another person, a peace officer, a person 13 summoned or directed by a peace officer, a correctional 14 officer or a fireman while the officer or fireman is 15 engaged in the execution of any of his official duties, 16 or to prevent the officer or fireman from performing his 17 official duties, or in retaliation for the officer or 18 fireman performing his official duties; 19 (2) Is hooded, robed or masked in such manner as to 20 conceal his identity or any device manufactured and 21 designed to be substantially similar in appearance to a 22 firearm; 23 (3) Knows the individual assaulted to be a teacher 24 or other person employed in any school and such teacher 25 or other employee is upon the grounds of a school or 26 grounds adjacent thereto, or is in any part of a building 27 used for school purposes; 28 (4) Knows the individual assaulted to be a 29 supervisor, director, instructor or other person employed 30 in any park district and such supervisor, director, 31 instructor or other employee is upon the grounds of the 32 park or grounds adjacent thereto, or is in any part of a 33 building used for park purposes; HB0878 Engrossed -12- LRB9104956NTsb 1 (5) Knows the individual assaulted to be a 2 caseworker, investigator, or other person employed by the 3 State Department of Public Aid, a County Department of 4 Public Aid, or the Department of Human Services (acting 5 as successor to the Illinois Department of Public Aid 6 under the Department of Human Services Act) and such 7 caseworker, investigator, or other person is upon the 8 grounds of a public aid office or grounds adjacent 9 thereto, or is in any part of a building used for public 10 aid purposes, or upon the grounds of a home of a public 11 aid applicant, recipient or any other person being 12 interviewed or investigated in the employees' discharge 13 of his duties, or on grounds adjacent thereto, or is in 14 any part of a building in which the applicant, recipient, 15 or other such person resides or is located; 16 (6) Knows the individual assaulted to be a peace 17 officer, or a community policing volunteer, or a fireman 18 while the officer or fireman is engaged in the execution 19 of any of his official duties, or to prevent the officer, 20 community policing volunteer, or fireman from performing 21 his official duties, or in retaliation for the officer, 22 community policing volunteer, or fireman performing his 23 official duties, and the assault is committed other than 24 by the discharge of a firearm in the direction of the 25 officer or fireman or in the direction of a vehicle 26 occupied by the officer or fireman; 27 (7) Knows the individual assaulted to be an 28 emergency medical technician - ambulance, emergency 29 medical technician - intermediate, emergency medical 30 technician - paramedic, ambulance driver or other medical 31 assistance or first aid personnel employed by a 32 municipality or other governmental unit engaged in the 33 execution of any of his official duties, or to prevent 34 the emergency medical technician - ambulance, emergency HB0878 Engrossed -13- LRB9104956NTsb 1 medical technician - intermediate, emergency medical 2 technician - paramedic, ambulance driver, or other 3 medical assistance or first aid personnel from performing 4 his official duties, or in retaliation for the emergency 5 medical technician - ambulance, emergency medical 6 technician - intermediate, emergency medical technician - 7 paramedic, ambulance driver, or other medical assistance 8 or first aid personnel performing his official duties; 9 (8) Knows the individual assaulted to be the 10 driver, operator, employee or passenger of any 11 transportation facility or system engaged in the business 12 of transportation of the public for hire and the 13 individual assaulted is then performing in such capacity 14 or then using such public transportation as a passenger 15 or using any area of any description designated by the 16 transportation facility or system as a vehicle boarding, 17 departure, or transfer location; 18 (9) Or the individual assaulted is on or about a 19 public way, public property, or public place of 20 accommodation or amusement; 21 (10) Knows the individual assaulted to be an 22 employee of the State of Illinois, a municipal 23 corporation therein or a political subdivision thereof, 24 engaged in the performance of his authorized duties as 25 such employee; 26 (11) Knowingly and without legal justification, 27 commits an assault on a physically handicapped person; 28 (12) Knowingly and without legal justification, 29 commits an assault on a person 60 years of age or older; 30 (13) Discharges a firearm; 31 (14) Knows the individual assaulted to be a 32 correctional officer, while the officer is engaged in the 33 execution of any of his or her official duties, or to 34 prevent the officer from performing his or her official HB0878 Engrossed -14- LRB9104956NTsb 1 duties, or in retaliation for the officer performing his 2 or her official duties; or 3 (15) Knows the individual assaulted to be a 4 correctional employee, while the employee is engaged in 5 the execution of any of his or her official duties, or to 6 prevent the employee from performing his or her official 7 duties, or in retaliation for the employee performing his 8 or her official duties, and the assault is committed 9 other than by the discharge of a firearm in the direction 10 of the employee or in the direction of a vehicle occupied 11 by the employee. 12 (b) Sentence. 13 Aggravated assault as defined in paragraphs (1) (2), (4), 14 andthrough(5) and (7) through (12) of subsection (a) of 15 this Section is a Class A misdemeanor. Aggravated assault as 16 defined in paragraphs (3), (13), (14), and (15) of subsection 17 (a) of this Section is a Class 4 felony. Aggravated assault 18 as defined in paragraph (6) of subsection (a) of this Section 19 is a Class A misdemeanor if a firearm is not used in the 20 commission of the assault. Aggravated assault as defined in 21 paragraph (6) of subsection (a) of this Section is a Class 4 22 felony if a firearm is used in the commission of the assault. 23 (Source: P.A. 89-507, eff. 7-1-97; 90-406, eff. 8-15-97; 24 90-651, eff. 1-1-99.) 25 (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2) 26 Sec. 12-4.2. Aggravated Battery with a firearm. 27 (a) A person commits aggravated battery with a firearm 28 when he, in committing a battery, knowingly or intentionally 29 by means of the discharging of a firearm (1) causes any 30 injury to another person,or(2) causes any injury to a 31 person he knows to be a peace officer, a community policing 32 volunteer, a correctional institution employee or a fireman 33 while the officer, volunteer, employee or fireman is engaged HB0878 Engrossed -15- LRB9104956NTsb 1 in the execution of any of his official duties, or to prevent 2 the officer, volunteer, employee or fireman from performing 3 his official duties, or in retaliation for the officer, 4 volunteer, employee or fireman performing his official 5 duties,or(3) causes any injury to a person he knows to be 6 an emergency medical technician - ambulance, emergency 7 medical technician - intermediate, emergency medical 8 technician - paramedic, ambulance driver, or other medical 9 assistance or first aid personnel, employed by a municipality 10 or other governmental unit, while the emergency medical 11 technician - ambulance, emergency medical technician - 12 intermediate, emergency medical technician - paramedic, 13 ambulance driver, or other medical assistance or first aid 14 personnel is engaged in the execution of any of his official 15 duties, or to prevent the emergency medical technician - 16 ambulance, emergency medical technician - intermediate, 17 emergency medical technician - paramedic, ambulance driver, 18 or other medical assistance or first aid personnel from 19 performing his official duties, or in retaliation for the 20 emergency medical technician - ambulance, emergency medical 21 technician - intermediate, emergency medical technician - 22 paramedic, ambulance driver, or other medical assistance or 23 first aid personnel performing his official duties, or (4) 24 causes any injury to a person he or she knows to be a 25 teacher, and the teacher is upon the grounds of a school or 26 grounds adjacent thereto or is in any part of a building 27 used for school purposes. 28 (b) A violation of subsection (a) (1) of this Section is 29 a Class X felony. A violation of subsection (a) (2),or30 subsection (a) (3), or subsection (a) (4) of this Section is 31 a Class X felony for which the sentence shall be a term of 32 imprisonment of no less than 15 years and no more than 60 33 years. 34 (c) For purposes of this Section, "firearm" is defined HB0878 Engrossed -16- LRB9104956NTsb 1 as in "An Act relating to the acquisition, possession and 2 transfer of firearms and firearm ammunition, to provide a 3 penalty for the violation thereof and to make an 4 appropriation in connection therewith", approved August 1, 5 1967, as amended. 6 (Source: P.A. 90-651, eff. 1-1-99.) 7 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2) 8 Sec. 24-1.2. Aggravated discharge of a firearm. 9 (a) A person commits aggravated discharge of a firearm 10 when he knowingly or intentionally: 11 (1) Discharges a firearm at or into a building he 12 knows to be occupied and the firearm is discharged from a 13 place or position outside that building; 14 (2) Discharges a firearm in the direction of 15 another person or in the direction of a vehicle he knows 16 to be occupied; 17 (3) Discharges a firearm in the direction of a 18 person he knows to be a peace officer, a community 19 policing volunteer, a correctional institution employee, 20 or a fireman while the officer, volunteer, employee or 21 fireman is engaged in the execution of any of his 22 official duties, or to prevent the officer, volunteer, 23 employee or fireman from performing his official duties, 24 or in retaliation for the officer, volunteer, employee or 25 fireman performing his official duties; 26 (4) Discharges a firearm in the direction of a 27 vehicle he knows to be occupied by a peace officer, a 28 person summoned or directed by a peace officer, a 29 correctional institution employee or a fireman while the 30 officer, employee or fireman is engaged in the execution 31 of any of his official duties, or to prevent the officer, 32 employee or fireman from performing his official duties, 33 or in retaliation for the officer, employee or fireman HB0878 Engrossed -17- LRB9104956NTsb 1 performing his official duties; 2 (5) Discharges a firearm in the direction of a 3 person he knows to be an emergency medical technician - 4 ambulance, emergency medical technician - intermediate, 5 emergency medical technician - paramedic, ambulance 6 driver, or other medical assistance or first aid 7 personnel, employed by a municipality or other 8 governmental unit, while the emergency medical technician 9 - ambulance, emergency medical technician - intermediate, 10 emergency medical technician - paramedic, ambulance 11 driver, or other medical assistance or first aid 12 personnel is engaged in the execution of any of his 13 official duties, or to prevent the emergency medical 14 technician - ambulance, emergency medical technician - 15 intermediate, emergency medical technician - paramedic, 16 ambulance driver, or other medical assistance or first 17 aid personnel from performing his official duties, or in 18 retaliation for the emergency medical technician - 19 ambulance, emergency medical technician - intermediate, 20 emergency medical technician - paramedic, ambulance 21 driver, or other medical assistance or first aid 22 personnel performing his official duties; or 23 (6) Discharges a firearm in the direction of a 24 vehicle he knows to be occupied by an emergency medical 25 technician - ambulance, emergency medical technician - 26 intermediate, emergency medical technician - paramedic,,27 ambulance driver, or other medical assistance or first 28 aid personnel, employed by a municipality or other 29 governmental unit, while the emergency medical technician 30 - ambulance, emergency medical technician - intermediate, 31 emergency medical technician - paramedic, ambulance 32 driver, or other medical assistance or first aid 33 personnel is engaged in the execution of any of his 34 official duties, or to prevent the emergency medical HB0878 Engrossed -18- LRB9104956NTsb 1 technician - ambulance, emergency medical technician - 2 intermediate, emergency medical technician - paramedic, 3 ambulance driver, or other medical assistance or first 4 aid personnel from performing his official duties, or in 5 retaliation for the emergency medical technician - 6 ambulance, emergency medical technician - intermediate, 7 emergency medical technician - paramedic, ambulance 8 driver, or other medical assistance or first aid 9 personnel performing his official duties. 10 (b) A violation of subsection (a)(1) or subsection 11 (a)(2) of this Section is a Class 1 felony. A violation of 12 subsection (a)(1) or (a)(2) of this Section committed in a 13 school or on the real property comprising a school, 14 regardless of the time of the day or time of year that the 15 offense was committed, is a Class X felony. A violation of 16 subsection (a)(3), (a)(4), (a)(5), or (a)(6) of this Section 17 is a Class X felony for which the sentence shall be a term of 18 imprisonment of no less than 10 years and not more than 45 19 years. 20 (c) For purposes of this Section, "school" means any 21 public or private elementary or secondary school, community 22 college, college, or university. 23 (Source: P.A. 90-651, eff. 1-1-99; revised 10-31-98.) 24 (720 ILCS 5/31-9 new) 25 Sec. 31-9. Certain school officials to report certain 26 felonies and misdemeanors. The principal or other appropriate 27 administrative officer of each attendance center of a public 28 or nonpublic elementary or secondary school shall report the 29 occurrence of a felony or misdemeanor offense occurring on 30 school grounds, in the school, on a school bus, or at an 31 activity supervised by school employees to the local law 32 enforcement agency within 24 hours after the principal or 33 other appropriate administrative officer becomes aware of the HB0878 Engrossed -19- LRB9104956NTsb 1 occurrence. 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.